ESA stopped after a year.

Hi,
I hope Im putting this post in the correct place. I was notified 2 days ago after an Atos work related interview that I no longer have limited capability for work. I have degenerative disc disease, had a laminectomy/discectomy in 2007, another discectomy (on the same disc) June 2010. I still have sciatica due to scar tissue on my disc plus extra problems from the last surgery (nerve damage, a floppy foot, calf muscle cramps. One doc at the hospital says I might have piriformis syndrome, another says sacroilliac pain because of pain in my bum/hip and down my leg, and that's in my 'good' leg not the side they operated on.
I have sent in an appeal form but am concerned about lack of medical evidence.
Both the docs at the hospital just gave me a verbal opinion but would not test to find out for sure so it is not on my records as having been diagnosed with these extra problems. The doc who suggested sacroilliac pain is at the pain management clinic and only believes in trying to relieve pain, not actually addressing the problem, only the symptoms.
Im concerned I wont have relevant medical evidence to support me at the tribunal as these added problems have not actually been diagnosed, only that I still have sciatica. Im going to my local surgery today to try and check my records are correct and up to date but dont hold out much hope of that being the case, Also, because I am under referral of the hospital, my doc says she can not even prescribe me anything, I am not under her care for orthapaedic issues, but the hospital and my next appointment is December so techinally, as I cannot see my own doc, and haven't been able to since January, when I was 'referred' she has no history of visits or ongoing problems. Won't look good at the tribunal.
Feel Im in a no win situation

Hi pussycat1961

Although medical evidence is very important to substantiate a claim, it's not the be all and end all. To qualify for ESA you have to have a mental or physical disablement that prevents you from undertaking the activities in the WCA. The focus is on how your disability restricts you.

It would be a good idea to look at your GP records and copy anything that would be useful, in addition to trying to get supporting letters from the hospital, but also make sure you obtain a copy of your ESA85 medical report from Jobcentreplus. There may well be incorrect statements used to make the decision that can be challenged at the tribunal regardless of the presence of supporting evidence.

Good luck

Derek

I will add to this,. If you have been on Incapacity Benefit prior to ESA, and on the basis of the same disabling condition, with similar or identical effects, then perhaps ask the DWP for all your previous reports and any IB85a forms, which are where you were passed by the doctors without a medical.

This could show a pattern of previously accepting your disability. Also the doctors often write something about the severity (and prognosis in relation to benefits) and these things could be useful at a tribunal if your situation has been around the same severity over a long period

Additionally, try and get something doen about your NHS care. Thats rubbish about the GP not being able to prescribe. You ARE under her care even if there is a consultant. She can give you meds, she might confer with the consultant out of courtesy and protocol , but she can and should treat you medically

Hi again,
Thanks for the advice XFACTOR and DEREK4. Funnily enough,I have just been to see a new doctor at my surgery and she said there's no reason I cannot be treated by my surgery for my condition, if they feel there is something they can do, yet my own doctor still says I am not under their care for my back/sciatic/leg problems. The new doc has just put me on anti depressants as for the past year I have had very little sleep due to my pain keeping me awake most of the time and these do help me sleep a bit more.
My medical records show the obvious, scan results, surgeries etc but no report from the pain management doctor other than an appointment in August and one in Dec. He didnt put in the report what he said he thought part of my trouble is, my surgery even contacted him to fax it through, no luck. Trouble is, a lot of what doctors say is verbal and not actually written down.
At my last Atos assessment I was only asked questions about what I can do, not what I can't. Am still waiting for a copy of the Atos report, despite two requests so far. It just annoys me that the hospital doctor says a lot of my pain could be this or that but will not do tests to find out even though I asked for them (simple hands on tests)therefore, no diagnosis except that Im to start pain management sessions.